GEORGES RIVER PROGRAM PROJECT CONSENT AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Industry Group New South Wales Branch, industrial organisation of employers. and a State Peak Council for Employers.

 

(No. IRC 592 of 2004)

 

 

AWARD

 

Clause No.          Subject Matter

 

1.         Parties to this Award

2.         Objectives

3.         Title and Application of the Award

4.         Commitment

5.         Duration

6.         Maximise working hours

7.         Project safety

8.         First aid

9.         Amenities

10.       Drugs and alcohol

11.       Protective clothing

12.       Workers compensation and insurance cover

13.       Training

14.       Project specific productivity allowance

15.       Industry convention

16.       Award and statutory requirements

17.       Superannuation

18.       Redundancy

19.       Top up insurance/accident cover

20.       Job delegates

21.       Visiting union officials

22.       Demarcation disputes

23.       Dispute settlement procedure

24.       Site meetings

25.       Work practices

26.       Apprenticeship Provision

27.       Immigration Compliance

28.       No extra claims

29.       Definitions

30.       Not to be used as a precedent

31.       Supplementary labour

32.       Project Closedown Calendar

33.       Anti-Discrimination

34.       Personal/Carers Leave

 

Appendix

 

1. - Procedures for demarcation disputes

2. - Program milestone dates

3. - Federal and state awards

 

 

1.  Parties to This Award

 

The parties and signatories to this Project Award are as follows:

 

Construction, Forestry, Mining and Energy Union (Construction and General Division)

 

Communications, Electrical and Plumbing Union (Electrical Division)

 

Australian Manufacturing Workers Union

 

Transport Workers Union of Australia (NSW Branch)

 

Australian Workers Union

 

WALTER Construction Group Limited and Contractors and Sub-Contractors engaged on the Project

 

2.  Objectives

 

WALTER Construction Group Limited, (WCG) shall accept the responsibility to ensure that all parties involved in this project understand and commit to the implementation of this Project Award.

 

The objectives of the parties are to:

 

(a)        To create and maintain a constructive, non-adversarial relationship between the WCG, subcontractors and the Unions through good communication procedures and cooperative attitude.

 

(b)        Implement best practice procedures to ensure the highest standard of occupational health and safety on the Project.

 

(c)        To ensure all employees receive their proper entitlements under the applicable awards, and enterprise agreements that apply to their employment.

 

(d)        To promote innovation on the Project resulting in improved working conditions and productivity and improved quality resulting in minimal defects and rework.

 

(e)        To maintain the Project milestones in regard to the programme.

 

(f)         To provide a site based Project Award in compliance with the NSW Government and Australian Federal Government Code of Practice for the Construction Industry and Implementation Guidelines.

 

(g)        To recognise the special environment in which this Project is to be constructed.

 

(h)        To promote and implement improved training and site management practices.

 

(i)         To allow all work to continue without any interruptions during the construction period by the resolution of site issues and personnel concerns through good communications and an agreed process of consultation and dispute resolution.

 

3.  Title and Application of the Award

 

This Award known as the Georges River Program Project Consent Award, shall apply to and be binding upon Walter Construction Group Limited, all the Sub Contractors and all of their employees and the Unions represented on this project.  This Award shall apply in conjunction with the Industry Awards set out in Appendix 3.

 

It will be a contractual requirement that all contractors and subcontractors employed on the project adhere to the terms of the Award.

 

Where Contractors or Subcontractors engaged on the Project have an Enterprise Agreement, which shall mean any agreement certified under the Workplace Relations Act 1996 (CWTH) or approved under the Industrial Relations Act 1996 (NSW), the provisions of those agreements continue to apply in relation to this Project.  This Award is generally intended to supplement and co-exist within the terms of those existing Enterprise Agreements and Awards and its primary purpose is to provide a framework for the Employers and the Unions, to manage those issues on the Project which affect more than one Employer.

 

Nothing in this Award shall prevent any party from negotiating an Enterprise Agreement in accordance with the provisions of the relevant Act in consultation with the relevant parties to the Award during the life of the Award.

 

Enterprise Agreements, which expire during the life of this Project, shall be renegotiated in a fair and equitable manner without industrial action.

 

Any issues concerning the application of the provisions of this Award will be resolved strictly in accordance with the provisions contained in clause 23 of this Award.

 

This Award does not apply to off site or purely incidental activities such as delivery of site materials or couriers.

 

This Award shall not apply to employees of Government Departments, Authorities, Corporations or Instrumentalities except where such agencies have been contracted to perform major construction works on this Project. The construction of works incidental to the project by such agencies, their employees, contractors, or subcontractors is specifically excluded from this Award.  The Award does not apply to off site or purely incidental activities including persons entering the Project to deliver, unload or to pick up goods, materials or other persons or service equipment.

 

4.  Commitment

 

All Parties to this Award are committed to;

 

be bound to this Award for the term of the project

 

not to seek to vary the award

 

achieving the project milestones

 

avoid disputes and implement the dispute resolution procedures in this Award if necessary

 

ensure all site personnel receive their statutory entitlements under this

 

Award, Awards, Enterprise Agreements and other statutes

 

develop a culture to facilitate the construction of a quality wastewater system.

 

5.  Duration

 

This Award shall apply from 6 January 2003 and will remain in force until Practical Completion of all parts of the project or two years whichever is the shorter.

 

6.  Maximise Working Hours

 

During Inclement Weather

 

The parties agree that should inclement weather or unsafe climatic conditions affect any section of the project, employees affected will be transferred to another section of the project or on to another project to carry out productive work.  All parties will adopt a reasonable approach as to what constitutes inclement weather.

 

The parties also agree that inclement weather does not automatically create unsafe working conditions. No employee will be expected to work in unsafe working conditions due to inclement weather.

 

The parties also agree to work collectively towards minimisation of lost time due to inclement weather.  Further, the parties undertake to adopt the following principles and procedures with regard to inclement weather;

 

(a)        Where employees can not be transferred for productive work, employees will make themselves available for activities such as relevant and meaningful skill development, OH&S training and participate in learning, planning and re-programming of the project.

 

(b)        All parties are committed to an early resumption of work following any cessation of work, which may result from inclement weather.  This shall include all construction workers being involved in de-watering and mopping up operations

 

(c)        If it is necessary and consistent with safe working practices to walk through inclement areas in order to get to or make safe areas, the relevant employer will provide appropriate protective gear.

 

(d)        The practice of "one out, all out" will not occur.

 

(e)        Should a portion of the project be affected by inclement weather, all other employees not so affected shall continue working regardless of the fact that some employees may not be gainfully employed due to inclement weather.

 

Working Hours

 

The parties agree that to achieve the Project Milestones and complete the Project successfully it is necessary that the time available for productive work as defined in the Environment impact statement will be maximised as required by the Project Manager.

 

Crib and lunch breaks may be staggered for individual contractors, sub-contractors and employees so that work does not cease during crib and lunch breaks. It is not intended that these arrangements breach any Award or Enterprise Agreement or other Agreement.

 

In order to provide the flexibility required for the working hours on this project, the ordinary hours of work shall be 8 hours per day between 6.00am and 6.00pm Monday to Friday.

 

Rostered days off (RDO's) may be changed with consultation & agreement, so as to coincide with the taking of gazetted public holidays or any other similar events, which can affect a significant proportion of employees and thus minimise absenteeism and provide greater flexibility for employees on such occasions.

 

Appropriate supervision, first aid trained personnel and first aid facilities will be provided on RDO's when worked and during shift work for site personnel.

 

The taking of RDO's may be altered with consultation & agreement in order to improve productivity by the exercising of a flexible arrangement in respect to the spreading of employees taking RDO's, which include consideration of the employers and the employee’s needs.  Where RDO's are banked the employer will maintain appropriate records.

 

All provisions of this Award shall apply when an RDO is worked and shall be regarded as a normal day.

 

All demarcation disputes, which arise on the project, shall be resolved strictly in accordance with the procedures (Appendix 1).  Work in dispute will continue normally while these discussions continue and until the dispute is settled.

 

There shall be no lost time from any dispute arising between the unions and any contractor or subcontractor while all the steps of the dispute settling procedure are being followed.

 

In the case of any areas of work being declared unsafe by the Project Manager in consultation with the Safety Committee, employees will be redirected to work in safe working areas.  Work shall continue in any or all areas deemed to be safe by the Project Manager in consultation with the Safety Committee.

 

7.  Project Safety

 

The project is committed to achieving the highest standards of health and safety on the project.

 

The Project Safety Management Plan provides the minimum Safety standards to be implemented on the Project and includes a Project Specific Induction, which is to be completed by all persons prior to commencement of work on the site.  The induction covers the key safety topics of Project Personnel, Access and Site Hours, Emergency Evacuation Procedures, Site Policies, First Aid policies, Cleanliness and Housekeeping, High Risk Safety Areas and General Safety.

 

Contractors, subcontractors and employees on the project shall provide a safe place of work in accordance with their obligations under the Occupational Health and Safety Act 2000, applicable NSW WorkCover Codes of Practice and shall comply with the Project’s Safety Management Plan.

 

Contractors and subcontractors will be required where appropriate to the level of risk to have their own Safety Plan which has been developed in conjunction with their workers.  Toolbox talks may be conducted to explain the plan and safety induction programs may be held for all contractors, subcontractors and employees.

 

All employers and employees are to be involved with on site safety and how it is to be implemented.  Copies of approved Work Method Statements are to be registered and stored on site by the Project Manager or his representative.  Work Method Statements are to be strictly adhered to.

 

Should a safety dispute arise as to whether one or more work areas are safe or not, the following procedures shall apply.

 

The area shall be immediately quarantined and employees moved to other safe areas of the project.

 

Employees shall not leave the site unless directed to do so by their employer or in the event of an emergency.

 

Both the contractor and employee representatives of the relevant Safety Committee involved will carry out immediate inspection of the affected work area.

 

The Project Manager or their representative in consultation with the Safety Committee will select the sequence of inspections of areas to ensure the earliest resumption of work for the majority of the workforce.

 

The inspection shall identify the safety rectification work required in each area.

 

As safety rectification work is agreed for each area, all relevant employees shall immediately commence such rectification works.

 

Upon verification by the Project Manager or his representative that such rectification has been completed, normal work will resume progressively in each area.

 

Should any dispute arise as to the rectification work required to any area, then the contractor will immediately call the designated NSW WorkCover inspector to recommend the required rectification work.  The NSW WorkCover inspector’s decision will be binding on all parties.

 

Nothing herein shall negate or contradict any obligations under the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulations 2001.

 

Employees’ elected safety representatives shall be allowed the necessary time off with pay to attend an accredited Occupational Health and Safety Committee training course where this qualification does not already exist.

 

Induction training will be provided in accordance with the requirements of the WorkCover Code of Practice - Safety Induction Training for Construction Work 1 April 1999.

 

Crane Safety

 

The Parties acknowledge that certification of mobile cranes by Cranesafe Australia (NSW) is a new industry initiative to improve crane safety in the construction industry.

 

The Parties agree that no mobile cranes will be allowed onto the project site unless it has been certified by Cranesafe Australia (new South Wales).  Such cranes will be required to display their current Cranesafe inspection label.

 

8.  First Aid

 

A properly equipped First Aid facility will be provided where site numbers require this.  The facility will be provided with a certified First Aid Officer in accordance with the appropriate requirements of the Occupational Health and Safety Regulation 2001 (clause 20) and legislative provisions.

 

9.  Amenities

 

Amenities on the project shall be of a consistent standard and shall comply with the standards laid down in the relevant Award, WorkCover Authority Code of Practice and/or State Legislation.

 

10.  Drugs and Alcohol

 

Under no circumstances will any employee affected by alcohol or any drug be permitted to work on the project.

 

Further, no alcohol/drugs will be permitted on the construction site during working hours.

 

All contractors, subcontractors and employees will encourage the principles enunciated in the Building Trades Group of Unions Drug and Alcohol Policy to be adopted and implemented by the site safety committee for this project

 

11.  Protective Clothing

 

Contractors and subcontractors will provide their employees engaged on site with protective clothing on the following basis.

 

Safety Footwear

 

Appropriate safety footwear shall be supplied on commencement if not already provided, to all persons engaged on site and will be replaced on a fair wear and tear basis, provided they are produced to the employer as evidence.

 

Clothing

 

Two sets of protective clothing (combination of bib and brace or shorts, trousers and shirts) will be supplied to all persons after accumulated engagement on site of 152 hours or more and will be replaced once per calendar year as a result of fair wear and tear and are produced to the employer as evidence.

 

Jackets

 

Each person, after accumulated employment on site of 152 hours shall be eligible to be issued with one warm bluey jacket or equivalent, which will be replaced once per calendar year on a fair wear and tear basis.

In circumstances where any employee(s) of either contractors or subcontractors are transferred to the project from another project where an issue of equivalent clothing was made, then such employee shall not be entitled to an issue on this project until the expiry of the calendar year or on a fair wear and tear basis.

 

Employees who receive from their employer an issue and replacement of equivalent clothing and/or safety footwear as part of the company’s policy or EBA shall not be entitled to the provisions of this clause.

 

12.  Workers Compensation and Insurance Cover

 

Contractors and subcontractors must ensure that all persons that they engage to work on the project are covered by workers compensation insurance.

 

Contractors, subcontractors and their employees must comply with the following steps to ensure expedited payment of workers compensation.

 

All employees will report injuries to the project first aider and their supervisor at the earliest possible time after the injury.

 

All employees will comply with requirements for making a workers compensation claim, including the provision of a medical certificate, at the earliest possible time after the injury.  This information will also be supplied to the project first aid officer.

 

In cases where the employee is unable to comply with the above, the relevant employer will assist in fulfilling requirements for making a claim.

 

Contractors and subcontractors must ensure that they are aware of and will abide by Workers Compensation Legislation Amendment Act 2001, which provides that;

 

The contractor/subcontractor shall keep a register of injuries/site accident book in a readily accessible place on site

 

All employees must enter in the register any injury received by the employee.  The contractor/subcontractor must be notified of all injuries on site immediately.

 

An employer who receives a claim for compensation, or any other documentation in respect of a claim for compensation, must within 48 hours of receipt, forward the claim or documentation, to their insurer together with supporting information.

 

An employer who receives a request from their insurer for further specified information must within the timeframe specified by the insurer, after receipt of the request, furnish the insurer with the information as is in the possession of the employer or reasonably obtained by the employer.

 

An employer who has received compensation money from an insurer shall as soon as practicable pay the money to the person entitled to the compensation.

 

13.  Training

 

The project delivery team will actively encourage contractors and subcontractors to develop specific employee training programmes that are appropriate to the needs of

 

The project

 

Each contractor or subcontractor

 

Each employee

 

Training may be implemented during periods of inclement weather for those employees for whom work in an undercover work area is not available.  Because such training could be available on demand (eg inclement weather), it may comprise in some part video material.  Workshops conducted by each contractor and subcontractor, supplemented from time to time by material and/or presentations by others will make up the balance of the training provision.

 

There will be further discussions by all parties to identify training opportunities within the bounds of the respective enterprise agreement and/or other agreements but specific training opportunities are identified in the following areas

 

Working safely

 

Work method statements - their preparation and use

 

Quality assurance

 

Literacy and Plan reading

 

Environmental Issues -noise, dust, run off, pollutants, recycling and waste minimisation.

 

It is also expected that additional training or information sessions may be generated from the varying construction systems and approaches, which will be employed on this Project.

 

14.  Project Specific Productivity Allowance

 

The implementation of the commitments and provisions of this Award are intended to deliver substantial increases in efficiency, productivity and quality on this Project.

 

The improvements will be demonstrated through the achievement of Milestones and Targets. These Milestones and targets are structured to ensure the early delivery of the Project.

 

The Milestones and Targets in the Construction Program are detailed in Appendix 2.

 

A Project Specific Productivity Allowance will be paid for achieving the Milestones and Targets.

 

The Project Specific Productivity Allowance shall be $2.00 per hour for actual hours worked.

 

In the case that the milestones and targets are not met and there are no extenuating circumstances, the productivity payments may cease until work is back on programme to reach the next milestones and targets. This shall be done with consultation with the relevant unions and/or their representatives.  This allowance is not subject to penalty or premium nor is it payable in stand down situations.  The allowance will remain in place without variation for the life of this Award.

 

The Project Specific Productivity Allowance is in lieu of the provisions of clauses 24.2 and 25 of the National Building and Construction Industry Award 2000, clause 16 of the Electrical Contracting Industry (State) Award 1992, and clause 10 of the National Metal & Engineering On-Site Construction Industry Award 1989, or relevant clauses in the appropriate award.

 

The Project Manager will ensure that this Award is contractually binding on all contractors and subcontractors. The above project specific productivity allowance is paid on top of any allowances within a company’s Enterprise Agreement and/or other Agreement except where individual Enterprise Agreements specifically provide for the absorption, or part absorption of the Project Specific Productivity Allowance.  There shall be absolutely no claim for the payment of the allowance contained in this clause i.e. no double dipping.

 

This Project Specific Productivity Allowance is paid in recognition of productivity gains that are to be achieved through efficiencies gained arising from project wide co-ordination.  This Project Specific Productivity Allowance shall absorb any industry Site and Project Allowances

 

 

15.  Industry Convention

 

The parties are aware of the convention of some contractors and subcontractors in the building industry, making payments to their employees in excess of the relevant awards or enterprise agreements and/or other agreements, by private treaty or for incentive purposes or for the purpose of attracting labour and will not seek as a consequence to change this Project Award.

 

If an employer is identified as paying his/her employees on the project site "all-in" payments then such payments shall be deemed to be the employees ordinary rate of pay for all purposes of this project award and any other entitlements, industrial instruments or legislation which may apply to such employees for the duration of the project.

 

PROJECT CONDITIONS AND PROCEDURES

 

16.  Award and Statutory Requirements

 

All Contractors and Subcontractors will abide by the terms of the Project Award, any relevant Enterprise Agreement and or other agreements, awards and statutory requirements.

 

All in payments and cash in hand payments designed to avoid award or statutory requirements are prohibited on the Project.

 

All parties acknowledge and agree that the Project Manager has the right to utilise one or more Contractors on the project for the performance of work and that all contracts are to be in writing.

 

17.  Superannuation

 

Contractors and subcontractors shall comply with the applicable award or enterprise agreement and/or other agreement and legislative obligations in respect of superannuation.  Contractors and Subcontractor who do not have or have not finalised Enterprise Agreements will contribute at $75 per week into an agreed fund.

 

18.  Redundancy

 

Contractors and subcontractors shall comply with the applicable award or enterprise agreement and/or other agreement and legislative obligations in respect of redundancy.  Contractors and Subcontractors who do not have or have not finalised Enterprise Agreements will contribute into an agreed fund at $60 per week.

 

19.  Top Up Insurance/24 Hour Accident Cover

 

The contractors and Subcontractors engaged by the Company shall effect a Top up Worker compensation insurance/24 hour Accident Income Protection cover with an agreed Insurer at the agreed Industry level of benefits.

 

20.  Job Delegates

 

Job delegates of the respective unions will be recognised by the Project Manager, the Contractors and their Subcontractors. They names of delegates should be advised to the Project Manager. Delegates will be given appropriate time to assist them in their duties.

 

In order to assist the delegate to effectively discharge his or her duties and responsibilities, the delegate shall be afforded reasonable paid time off work to attend relevant Union training courses.

 

21.  Visiting Union Officials

 

Union officials (party to this award) before going on to the site, shall call at the site office and introduce themselves to a Management representative of the Company, prior to pursuing their union duties on site.

 

Union officials shall produce their Right of Entry permits if requested and observe the relevant award, the Occupational Health and Safety Act and Regulations and other statutory/legislative obligations for entry to the site.

 

Union officials with the appropriate credentials shall be entitled to inspect all wages books and payment records necessary to ensure that the subcontractors are observing the terms and conditions of this Award and Subcontractors engaged on site.

 

All such wages books and payment records shall be made available within 48 hours on site or at another convenient, appropriate place, provided notice is given to the contractors and subcontractors and the Project Manager by the union.

 

Such inspections shall not take place unless there is a suspected breach of this Award or an appropriate Award or Act.

 

22.  Demarcation Disputes

 

All demarcation disputes, which arise on the project, shall be resolved strictly in accordance with the principles of ACTU demarcation policy and shall be dealt with through the NSW Labor Council.  Work in dispute will continue normally while these discussions continue.

 

23.  Dispute Settlement Procedure

 

(a)        Disputes on any work related or industrial matter should be dealt with as close to its source as possible. However, the Project Manager must be advised of all strategies and developments and be given the opportunity of attending all meetings.

 

(b)        An employee or the union delegate should initially submit any work related or industrial matter to the Contractors/Subcontractors, or site foreperson, supervisor or other appropriate site representative.

 

(c)        If the issue remains unresolved the union delegate may then submit the issue to the appropriate senior management person of the Contractor/Subcontractor.

 

(d)        If the issue remains unresolved the relevant union organiser may have direct discussion with the appropriate senior management person of the particular Contractor/Subcontractor.  At this stage the Project Manager will be notified of the matters in dispute and requested to assist.

 

(e)        Whilst the above procedures are being followed, work shall continue normally. Each party must ensure each step of the above procedure is followed within reasonable time frames.

 

(f)         Should the matter remain unresolved after the direct discussions between the union and management there shall be a 48-hour cooling off period.

 

(g)        Should the matter remain unresolved after the cooling off period, it shall be referred to the Industrial Relations Commission of New South Wales for mediation, conciliation or if necessary arbitration.

 

(h)        The parties to this Award commit themselves to accepting any recommendation or direction given by the Industrial Relations Commission of New South Wales in respect of any reference to the Commission under subclause (h).

 

(i)         This dispute settlement procedure applies to health and safety issues except that work should not continue in any area where there is an immediate risk of injury.

 

24.  Site Meetings

 

Meetings of employees on site are recognised as a means to ensure effective communication.  To this end, one hour paid mass meetings shall be held as required but not exceeding one per month.  The parties agree that they will confer before any such meeting so as to arrange a time that will minimise disruption to production.

 

25.  Work Practices

 

In line with industry reforms and project innovations, employees are to be employed to the total capacity of their qualifications and experience.  Restrictive work and or management practices that interfere with the efficient utilisation of labour are not acceptable on the project.

 

26.  Apprenticeship Provision

 

All companies agree to maintain, where the company undertakes trade work, an appropriate ratio of apprentices to trades people.

 

The ratio will not be less than one (1) apprentice for each four (4) tradesperson where applicable. This provision shall be applicable to companies who do trade work and engage twenty (20) or more employees.

 

Any dispute in respect of the application of this clause will be settled in accordance with clause 23 of this Award without recourse to industrial action.

 

27.  Immigration Compliance

 

All parties are committed to compliance with Australian immigration laws so as to ensure maximum work opportunities for unemployed Australian citizens. Where there is a concern that a subcontractor on the project is engaging illegal immigrants, the principal contractor will act decisively to ensure compliance.

 

28.  No Extra Claims

 

The parties hereby undertake to make no extra claims during the duration of this project.

 

29.  Definitions

 

Award

 

The Federal and State Awards outlined in Appendix 3

 

Main Contractor

 

Walter Construction Group limited

 

Project

 

Georges River Wastewater Program

 

Contractors and Subcontractors

 

Contractors and subcontractors contracted to carry out specific sections of the work on the project.

 

30.  Not to be Used as a Precedent

 

The provisions of this Award will not be used by any party as a precedent on any other project or for any other purpose.

 

This Award will not be used as an instrument for any flow on of this clause to any other site that has a Project Agreement or Award already in place.

 

31.  Supplementary Labour

 

Should supplementary labour be engaged by WCG to meet short term peak work periods and the supplementary labour company does not have a registered agreement, then those persons engaged will receive no less than the applicable hourly rate and conditions of employment that WCG employees would receive for the relevant classification of work in which the supplementary labour is engaged.

Prior to engagement of supplementary labour the relevant union delegate shall be consulted.

 

32.  Project Closedown Calendar

 

32.1      For the purposes of this Award the Parties agree that the following calendar will be adopted for the Project.  The calendar has been produced with a view to maximising quality leisure time off for all employees.  Accordingly, the Parties agree that on certain weekends (as set out in the Calendar), no work shall be carried out.

 

32.2      Provided, however, where there is an emergency or special client need, work can be undertaken on the weekends and adjacent RDO’s as set out below, subject to the agreement of the appropriate union secretary or his nominee.  In such circumstances reasonable notice (where possible), shall be given to the union (or union delegate).

 

SITE CALENDAR 2003

 

 

SITE CALENDAR 2004

 

 

 

 

 

 

33.  Anti-Discrimination

 

It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.

 

33.1      This includes discrimination on the ground of race, sex, martial status, disability, homosexuality, transgender identity, responsibilities as a carer and age.

 

33.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects.  It will be consistent with fulfilment of these obligations for the parties to make application to vary any provision of the Award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

33.3      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an Employee because the Employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment

 

33.4      Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

33.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

 

34.  Personal/Carers Leave

 

34.1      Use of Sick Leave

 

(a)        An Employee, other than a casual employee, with responsibilities in relation to a class of person set out in clause 34.1 (c)(ii) who needs the Employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, for absences to provide care and support, for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The Employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an Employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the Employee being responsible for the care of the person concerned; and

 

 

(ii)        the person concerned being:

 

a spouse of the Employee; or

 

a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian) grandparent, grandchild or sibling of the Employee or spouse or de facto spouse of the employee; or

 

a same sex partner who lives with the Employee as the de factor partner of that Employee on a bona fide domestic basis; or

 

a relative of the Employee who is a member of the same household, where for the purposes of this paragraph:

 

"relative" means a person related by blood, marriage or affinity;

 

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other: and

 

"household" means a family group living in the same domestic dwelling.

 

(d)        An Employee shall, wherever practicable, give the Employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the Employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the Employee to give prior notice of absence, the Employee shall notify the Employer by telephone of such absence at the first opportunity on the day of absence.

 

34.2      Unpaid Leave for Family Purpose

 

An Employee may elect, with the consent of the Employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in 34.1 (c)(ii) above who is ill.

 

34.3      Annual Leave

 

(a)        An Employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph 34.3(a) above, shall be exclusive of any shutdown period provided for elsewhere under this Award.

 

(c)        An Employee and Employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

34.4      Time-off in Lieu of Payment for Overtime

 

(a)        An Employee may elect, with the consent of the Employer, to take time-off in lieu of payment for overtime at a time or times agreed with the Employer within twelve (12) months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in according with paragraph 34.4(a) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.

(d)        Where no election is made in accordance with paragraph 34.4(a), the Employee shall be paid overtime rates in accordance with the award.

 

34.5      Make-up Time

 

(a)        An Employee may elect, with the consent of the Employer, to work "make up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award at the ordinary rate of pay.

 

(b)        An Employee on shift work may elect, with the consent of the Employer, to work "make up time" (under which the Employee takes time off ordinary hours and works those hours at a later time at a later time), at the shift work rate, which would have been applicable to the hours taken off.

 

34.6      Rostered days off

 

(a)        An Employee may elect, with the consent of the Employer, to take a rostered day off at any time.

 

(b)        An Employee may elect, with the consent of the Employer, to take rostered days off in part day amounts.

 

(c)        An Employee may elect, with the consent of the Employer, to accrue some or all-rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the Employer and Employee, or subject to reasonable notice by the Employee or the Employer.

 

This subclause is subject to the Employer informing each Union which is both party to the Award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Unions to participate in negotiations.

 

Appendix 1

 

PROCEDURE FOR DEMARCATION DISPUTES

 

1.          Settlement within the Union Movement

 

ACTU Congress re-affirms its view that effective and speedy procedures for the settlement of demarcation and inter-unions membership dispute between unions are essential for the continued unity of the trade unions movement.  With this objective in mind, Congress states that:

 

(a)        Demarcation disputes should be resolved by agreement between the unions concerned

 

(b)        Where agreement cannot be achieved directly between the unions concerned, the unions should notify the ACTU or the State Branch of the ACTU in the relevant State

 

(c)        Affiliated unions should not refer demarcation disputes to industrial tribunals unless there has been a reasonable opportunity to discuss the issues within the union movement

 

2.          Machinery for Dealing with Demarcation Disputes

 

Upon notification of the demarcation or inter-unions membership dispute, the ACTU or the relevant State Branch shall constitute special machinery to facilitate the settlement of the dispute.  The machinery may take the form of:

 

(a)        A panel consisting of an ACTU and/or State Branch nominee and an equal number of representatives from each of the unions concerned in the dispute

 

(b)        A panel consisting of an independent chairperson and other members as agreed between the unions concerned in the dispute or

 

(c)        Reference of the dispute to the relevant industry group or groups.

 

In the establishment of machinery to deal with a demarcation dispute, the matter to be considered will include:

 

(a)        the attitude of the unions concerned and their willingness to accept the decision of the panel or group

 

(b)        the likelihood of a stalemate as a consequence of the composition of the panel

 

(c)        the position of the unions concerned as to recourse to an industrial tribunal

 

(d)        the need for the work of the panel or group to proceed in an informal way

 

(e)        The need for the unions concerned to freely put their case before the panel or group.

 

3.          Guidelines

 

The guidelines to be followed by a panel or group in the settlement of a demarcation or inter-unions membership dispute shall be consistent with ACTU policy.  The guidelines adopted shall be such as to ensure that all relevant matters are considered including the constitutional rights of the unions involved and the merits of the matters in dispute.  Without limiting the panel or group, the consideration of the merits shall be based on:

 

(a)        Historical aspects eg. custom and practice

 

(b)        relevance of wage rates and working conditions for the workers concerned

 

(c)        the attitude of the workers concerned

 

(d)        Other specific qualifications and considerations.

 

 

Appendix 2

 

PROGRAMME MILESTONE & TARGET DATES

 

Milestone Description	Target Date
Connection of SPS970 into Lurnea Carrier to permit live flow	31 May 04
Reinstatement of pavement in Moore St after pipe-jack to allow T- Way unhindered	30 April 04
traffic flows
Completion of Railway Crossing pipe-jack including reinstatement of all roads and	30 June 04
landscaped areas
Completion of micro tunnelling in CBD including reinstatement of all roads	30 April 04
Refurbishment of first 2 digesters at Glenfield STP	30 June 04
Completion of Liverpool STP to accept WLS sewer flows	1 June 04
Completion of WLS	31 July 04
Completion of commissioning of Glenfield STP	30 November 04

 

 

 

 

 

 

Appendix 3

 

Federal Awards

 

National Building and Construction Industry Award

 

National Metal and Engineering On-Site Construction Industry Award 1989

 

Electrical Contracting Industry Award 1992

 

Mobile Crane Hiring Award 1988

 

State Awards

 

Building and Construction Industry Labourers On-Site (State) Award

 

Building Tradesman (State) Construction Award

 

Electrical Contracting Industry (State) Award

 

Metal and Engineering Industry (NSW) Interim Award

 

 

 

M. J. WALTON  J, Vice-President.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.